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Advice to Burges Salmon

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Enquiry

From
Burges Salmon
Date advice given
19 July 2011
Enquiry type
Email

The Sustainable Development Commission appears in Schedule 1 of the Application Regulations as a statutory consultee.

It was dissolved earlier this year. The Regulations have not been amended to remove or replace the SDC as a consultee.

Can the IPC confirm that applicants can proceed as if the SDC is not in the Regulations? In other words, can you confirm that the IPC is not expecting applicants to consult with any other body (e.g. DEFRA) in lieu of the SDC?

Advice given

Further to your query, we have been advised by Defra that, whilst the Department has taken on a small number of the SDC’s functions, its role as a statutory consultee under the Planning Act 2008 was not one which Ministers felt should be transferred. In due course, the Department will seek to remove the reference to the SDC in the list of statutory consultees, however until this removal occurs the IPC will continue to notify the SDC under Regulation 9 of the EIA Regulations 2009.